1- Organizer – Purpose
1.1 The International Association for the protection of the city of Tyre (hereinafter AIST), French association law of 1901, registered under Siret No.79174071500010, whose headquarters is located at 35 Foch Avenue – 75116 Paris, was authorized by the Prefecture de Police of Paris (Order no.13 LOTE 0010 dated April 2nd 2013) to organize a charity lottery entitled “A Picasso for 100 Euros” (hereinafter the “Lottery”) whose purpose is to raise funds to support the creation of an artisanal village and an institute for Canaanite, Phoenician and Punic studies in Lebanon (hereinafter, collectively,refered to as the “Projects”).
1.2 The Lottery is organized on the Web on the website http://www.1picasso100euros.com (hereinafter “the Site”).
1.3 The authorized capital of the Lottery was set at five million Euros, made of 50.000 lottery tickets, each worth 100 Euros. The proceeds of the lottery, net of organization costs and costs of purchasing the prize as mentioned hereafter, will be awarded to the implementation of one of the projects, according to the actual amount of funds that will be collected by the AIST. It is stated that those fees shall not exceed 15% of the capital of issuance.
1.4 The AIST has appointed an auditor to ensure the specific monitoring of the operation “A Picasso for 100 Euros” and entrusted the financial management to the Association “French Committee for the Safeguarding of Tyre” (registered under Siret No.32757265700028). The lottery is organized with the support of the company SOTHEBY’S, 76 rue du Faubourg Saint Honoré , 75384 Paris Cedex 08.
1.5 Participation in the lottery entails unconditional acceptance of the rules,terms and conditions contained herein..
2. Endowment- Description of the lot.
2.1 The Prize is an authenticated drawing of Pablo Picasso (drawing in ink and gouache on paper, signed upper right Picasso) of 1914, entitled “L’Homme au gibus” of an estimated value of eight hundred thousand Euros (800.000 Euros).
2.2 The certificate of authenticity of the painting has been submitted to the Prefecture.
2.3 The prize cannot be awarded in a form other than that provided for in these regulations. It will not be returned or exchanged for any reason whatsoever. It will not be exchanged for any value in kind.
3. Terms and conditions of participation .
3.1 Participants. Any physical person above 18 at the date of purchase of the lottery ticket can be a participant. Any incomplete and non-validated registration of a participant, including false or fanciful information, and more generally information not complying with the terms set in the Regulations, will be considered as void.
The participant shall agree to provide accurate, correct and complete information, and inform the AIST of any updates of personal data mentioned on the electronic registration form. The participant shall agree not to use a pseudonym or e-mail address that could infringe the rights of a third party (particularly the use of the surname of a third party, his trademark or any copyrighted works).
The participant shall accept all means of legal authentication of his identity and contact details. Any incomplete, false and/or incorrect identity or address will result in the immediate cancellation of the registration of the concerned participant. In case of incomplete, false, illegible, incomplete, inaccurate, capricious or not updated identity or address details, the AIST has the right to cancel the participant’s registration and his tickets, without prior notice and without informing him of any claim or action that will be initiated against him.
In no case shall the AIST be held responsible because of a participant who impersonates others and/or usurps a certain property right that he does not own, in the framework of the registration process in the Lottery.
3.2 Use of Name and Image. The participant authorizes in advance the AIST to mention his name and reproduce his photo in the event that he would be designated as the winner of the Lottery, by virtue of article 3.7, in any advertisement or promotional campaign related to this operation or to the projects, on TV, media, and internet for a two-year period from the closing date of the operation, without having the right to any financial compensation or profit of whatever kind. The participant may, however, express his rejection of the terms of this clause by explicitly notifying the association by e-mail, no later than one month prior to the draw date.
3.3 Duration. The operation “A Picasso for 100 Euros” begins on March 25, 2013 and ends on December 18, 2013, date of the draw, unless early cancellation of the Lottery in accordance with article 6 hereafter.
3.4 Procedure. Each participant has the right to purchase one or more tickets for a nominal value of 100 Euros on the Site by completing an order form, specifying his name, date of birth, address, zip code, city, country (e-mail, telephone number(s), and, if applicable, details of the people to whom he wishes to offer a lottery ticket/s.
3.5 The payment of the ticket (s) can be made by credit card online via a secure payment platform operated by Ogone.
Exceptionally, the payment order will be delayed to 3 November 2013. However, the participant may not revoke meanwhile the payment order he gave at its online subscription.
The payment order of tickets purchased after that date will be executed immediately upon confirmation of the participation.
After registration and confirmation that the payment order has been made, the participant will receive by e-mail the number of the ticket (s) assigned to him, pending payment confirmation that will occur ,on 3 November 2013 ,and for the subsequent subscriptions, immediately.
The numbering of tickets is unique and continuous, and appears as follows: Ticket No.733333/783333.
Once the payment is registered, the participant will receive an e-mail reminding him of the ticket (s) number (s) and confirming his participation in the draw which will take place as stipulated in article 3.6.
Consignement of raised funds. The amounts paid by participants in exchange for the purchase of the ticket (s), are transferred to a deposit account opened with the Regional Council of Public Finance of Ile De France. The AIST may, under no circumstances, withdraw these sums without the prior approval of the Prefect of Police having authorized the Lottery, and upon consultation with the Regional Director of Public Finance.
3.6 Draw. The draw will take place on the web on December 18, 2013 under the supervision of a bailiff in Paris, and shall include all the subscribed tickets.
3.7 Designation of the winner (s). Five (5) names of subscribers will be successively drawn. The first drawn name will be that of the lottery winner. The latter will be notified by e-mail and by a registered letter with acknowledgement of receipt sent to the address supplied when registering online in the lottery, of his gain and of the practicalities associated to the retrieval of the prize. The AIST will not be held responsible in case of subsequent address change of the participant.In case of failure to respond within one (1) month, the same notification process will be followed to alert the second winner, and so on.
3.8 Modalities of the prize retrieval- costs, taxes, duties.
The drawing will be retrieved by the winner, at his expenses, either directly from the warehouse in which it is currently stored at Art Transit company, 135 rue du Fossé Blanc , 92230 Gennevilliers, France, or from AIST headquarters within the deadline determined with AIST.
The winner will take all necessary steps to retrieve the prize as agreed or to appoint a proxy to that effect.
Transportationl expenses,custom duties and/or any taxes (including VAT if payable in case the drawing is to be exported outside France), insurance fees, etc. are to be borne exclusively by the participant.
3.9 Fraud. Any fraud or attempt of fraud within this operation by a participant results in the cancellation of his registration and tickets without prejudice to other penalties under the Criminal Code.
4. Personal Data- Data Protection Act
In accordance with the Data Protection Act 78-17 of January 6, 1978, the participant has the right to access, oppose or delete personal data, a right he can exercise at any time by writing to the AIST- Lottery “A Picasso for 100 Euros”- Personal Data- 35 Foch avenue-75116 Paris.
5. Specific constraints related to Internet that may affect participation in the lottery.
5.1 The participation in the lottery implies knowledge and acceptance by any participant of the characteristics and limitations of the Internet network, including functional characteristics, technical performance, connection or network access problems to the Site, availability and network congestion, failure or network congestion, transit time, access to posted information, response time for displaying, viewing, examining or transferring data, risks of interruption, lack of protection of certain data against possible misuse or piracy, virus attacks on the network…for which the AIST assumes no responsibility.
5.2 The AIST cannot be held responsible for the following:
- Uncontrollable delays or errors in data transmission.
- Sending of an e-mail or a letter to an incomplete electronic or physical address.
- Cases when one or more participants are incapable of connecting to the website due to a certain technical problem, including network congestion.
- If, for any reason, the participant connection to the Site should be interrupted or if the participation is not taken into account.
- Maintenance or malfunction of the Lottery server, online payment platform, telephone line or any other technical connection.
5.3 In addition, the AIST cannot be held liable for any damages of any kind whatsoever, caused to participants, their computer equipment and the data stored therein, as well as the possible implications on their personal, professional or commercial activities.
5.4 The connection to the Site and the participation in the lottery are done under the person’s own responsibility. It is up to each participant to take all appropriate measures to protect his own data and/or software stored on his computer equipment, against any damage due to external malwares, including viruses.
5.5 In all cases, should the proper administrative and/or technical operation be disrupted by a computer virus, bug, unauthorized human intervention or any other cause beyond the control of the AIST, the latter has the right to interrupt the operation.
6. Cancellation of lottery.
6.1 The AIST may, if circumstances require so, cancel, shorten, extend, postpone or modify the terms of the lottery, without any incurred liability thereby.
6.2 In particular, the AIST may cancel or suspend all or part of the operation if fraud has occurred in any form whatsoever, including by computer through participation in the lottery and/or in case of false information communicated by the participants. In this case, it has the right not to award the prize to the swindler (s) and to sue him/them before the competent courts.
6.3 This lottery will also be cancelled in case of occurrence of an event of force majeure, as usually defined by the French courts, and the participants and winners will not be entitled to claim any compensation from the AIST, other than what is provided for in article 6.4 below.
6.4 If AIST decides to cancel the lottery for any reason whatsoever, each participant will be notified of such cancellation via e-mail.
In case of cancellation notified on or before November 3, 2013, at 11.45 PM, AIST undertakes 3 Novembre 2013.3 Novembre 2013.not to execute the payment orders, so that credit cards will not be debited.
In case of cancellation notified after 3 November 2013, at 0:00 A.M, AIST will refund the price of the paid ticket (s) by each participant, within a period of two-month maximum, following the notification of the cancellation of the lottery by e-mail. Reimbursement will be made by crediting the credit card used to make the initial payment.
6.6 In any event, the AIST will not assume any responsibility for the cancellation of the Lottery.
7. Intellectual Property Rights.
The Site and its elements, the Site graphic charter, trademarks and logos are the exclusive property of the AIST or its partners that own all the applicable intellectual and industrial property rights. Any reproduction, representation, adaptation and/or use of all or part of the Site, are strictly prohibited, without prior written permission of the AIST. The AIST provides a free, personal, non- exclusive and non-transferable right to access and use the Site for the purposes of the lottery.
8. Proof, retention and storage.
The records stored within the AIST system (or the system provider duly authorized) according to the standard rules of security, will be considered as evidence of e-mail communications. It is agreed that in case of differences between the records of the organizing company or its provider (s) and documents in paper or electronic format available to the participant, the electronic records of AIST shall prevail.
9. regulations and consultation.
9.1 The rules and regulations of the lottery are available on the Site.
9.2 They may also be sent for free by mail to any person who makes a written request to the following address: AIST- Lottery “A Picasso for 100 Euros”- 35 Foch avenue- 75116 Paris. To receive a free copy of the rules, the participant shall disclose, clearly and legibly, on plain paper, complete contact information (name and mailing address in France). Only one request of rules can be made by each participant during the period of the operation “A Picasso for 100 Euros”.
10. Amendments to the regulationsi
10.1 Supplements and amendments of terms and conditions contained herein may be introduced for the duration of the operation within the limits set in the Order authorizing the lottery (or any new order made later on concerning the lottery) and will be posted on the Site. Once posted ,they will be considered as an integral part of the regulations. It is therefore recommended that participants regularly connect to the Site to take notice of any changes in these regulations.
10.2 Amendments to these regulations shall be deemed accepted in the same terms as the original full version or the previously amended one, where necessary.
11. Governing law and jurisdiction.
These regulations are governed by the French law. Any litigation or appeal related to the implementation or interpretation of the
present regulations will be submitted to the French competent courts.